Business domiciliation: home, premises or specialized company?

What is the purpose of business domiciliation? Domiciliation allows you to assign an official address to a company. This address appears in the statutes and on commercial documents, such as invoices and contracts.

It also determines the competent administrative services. Legalstart presents the different business domiciliation solutions, as well as the steps to take and the costs to expect. Domiciling your business at home The legal representative of a company, such as the president of an SAS or the manager of an SARL, can establish the head office at his home.

This possibility is governed by article L. 123-11-1 of the Commercial Code. If no provision opposes it, the domiciliation can be maintained without limit of duration.

On the other hand, if the residential lease, the co-ownership regulations or the town planning rules prohibit it, the headquarters can be fixed at the home for a maximum of five years after the creation of the company, without exceeding the duration of occupation of the accommodation. The manager must then notify the lessor or trustee in writing before requesting registration. Before the end of this period, he must transfer the seat and declare the change, under penalty of automatic removal.

This solution avoids paying additional rent, but it does not completely separate the personal address from that of the business. Even if devices allow you to request the concealment of certain personal data, the head office address remains used in company documents. Rent a professional or commercial premises Renting a premises allows you to distinguish the living space of the manager from that of the company.

The contract depends on the activity carried out. The commercial lease concerns in particular commercial or artisanal activities, while the professional lease is aimed at the liberal activities concerned. These solutions involve rent and charges, as well as contractual commitments.

The commercial lease is generally concluded for nine years, while the professional lease is for a minimum duration of six years. Other options exist, such as coworking spaces and business incubators. The services offered and the conditions of use vary depending on the structure.

In particular, it is necessary to check whether the contract authorizes the domiciliation of the head office, the storage of goods or the reception of customers. Use a domiciliation company A domiciliation company provides an address to companies as part of a contract. It must have prefectural approval and comply with the obligations provided for by the regulations.

The domiciliation contract is concluded for a minimum period of three months. In addition to the head office address, the service provider can offer the reception and forwarding of mail, its scanning, a telephone switchboard or access to offices and meeting rooms. How to choose your domicile address?

Machine-translated from French